SB 26, as introduced, Correa. Political Reform Act of 1974: slate mailers.
The Political Reform Act of 1974 regulates mass mailings, known as slate mailers, that support or oppose multiple candidates or ballot measures for an election. The act requires that each slate mailer identify the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures that is sending the slate mailer, and to contain other information in specified formatting. The act also requires a notice to voters in a specified type and color or print consisting of a prescribed statement be included on a side or surface of the slate mailer.
This bill would modify the font and type specifications with respect to the slate mailer organization or committee identification requirement and would revise the placement and font size and color specifications with respect to the prescribed notice to voters.
Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties.
By making the format requirements of slate mailers more restrictive, this bill would impose a state-mandated local program.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 84305.5 of the Government Code is
2amended to read:
(a) No slate mailer organization or committee
4primarily formed to support or oppose one or more ballot measures
5shall send a slate mailer unless:
6(1) The name, street address, and city of the slate mailer
7organization or committee primarily formed to support or oppose
8one or more ballot measures are shown on the outside of each piece
9of slate mail and on at least one of the inserts included with each
10piece of slate mail in no less thanbegin delete 8-pointend deletebegin insert 10-point blackend insert roman
11typebegin delete which shall be in a color or print which contrasts with theend delete
12begin insert
against a solid whiteend insert background so as to be easily legible. A post
13office box may be stated in lieu of a street address if the street
14address of the slate mailer organization or the committee primarily
15formed to support or oppose one or more ballot measure is a matter
16of public record with the Secretary of State’s Political Reform
17Division.
18(2) begin deleteAt the top or bottom of the front side or surface of at least end delete
19begin deleteone insert or at the top or bottom of one side or surface of a end delete
20begin deletepostcard or other self-mailer, end deletebegin insertOn each side or surface where any end insert
21begin insertcandidate or ballot measure that has paid to appear in the slate end insert
22begin insertmailer appears, end insertthere is a notice in at leastbegin delete 8-pointend deletebegin insert
10-point blackend insert
23 roman boldface type,begin delete which shall be in a color or print which end delete
24begin deletecontrasts with the backgroundend deletebegin insert against a solid white backgroundend insert
25 so as to be easily legible, and in a printed or drawn box and set
26apart from any other printed matter. The notice shall consist of the
27following statement:
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NOTICE TO VOTERS | |||
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THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY ORGANIZATION. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance is paid for and authorized by each candidate and ballot measure which is designated by an *. | |||
14(3) The name, street address, and city of the slate mailer
15organization or committee primarily formed to support or oppose
16one or more ballot measures as required by paragraph (1) and the
17notice required by paragraph (2) may appear on the same side or
18surface of an insert.
19(4) Each candidate and each ballot measure that has paid to
20appear in the slate mailer is designated by an *. Any candidate or
21ballot measure that has not paid to appear in the slate mailer is not
22designated by an *.
23The * required by this subdivision shall be of the same type size,
24type style, color or contrast, and legibility as is used for the name
25of the candidate or the ballot measure name or number and position
26advocated to which the * designation applies except that in no case
27shall the * be required to be larger than 10-point boldface type.
28The designation shall
immediately follow the name of the
29candidate, or the name or number and position advocated on the
30ballot measure where the designation appears in the slate of
31candidates and measures. If there is no slate listing, the designation
32shall appear at least once in at least 8-point boldface type,
33immediately following the name of the candidate, or the name or
34number and position advocated on the ballot measure.
35(5) The name of any candidate appearing in the slate mailer
36who is a member of a political party differing from the political
37party which the mailer appears by representation or indicia to
38represent is accompanied, immediately below the name, by the
39party designation of the candidate, in no less than 9-point roman
40type which shall be in a color or print that contrasts with the
P4 1background so as to be easily legible. The designation shall not
2be required in the case of candidates for nonpartisan office.
3(b) For purposes of the designations required by paragraph (4)
4of subdivision (a), the payment of any sum made reportable by
5subdivision (c) of Section 84219 by or at the behest of a candidate
6or committee, whose name or position appears in the mailer, to
7the slate mailer organization or committee primarily formed to
8support or oppose one or more ballot measures, shall constitute a
9payment to appear, requiring the * designation. The payment shall
10also be deemed to constitute authorization to appear in the mailer.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
The Legislature finds and declares that this bill furthers
21the purposes of the Political Reform Act of 1974 within the
22meaning of subdivision (a) of Section 81012 of the Government
23Code.
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